Owner, in his will, is entitled to give his property in favour of strangers

Saroja Ammal Vs M Deenadayalan & amp; Ors. (Supreme Court of India)

Facts- The appellant filed a suit on the file of the sub­court, Krishangiri for a declaration of title and for permanent injunction in respect of certain properties. Her claim was based upon the last Will and Testament dated 15.07.1992 of one Chi. Munisamy Chettiar, whom the appellant claimed to be her husband.

The six sons and four daughters of Munisamy Chettiar allegedly born through his first wife were impleaded as defendant Nos. 1 to 10 in the suit. The defendant Nos.2 and 3 filed a written statement, which was adopted by defendants 1, 5 and 7 to 10, contending that the appellant was not the wife of their father and that she was actually the legally wedded wife of one Marimuthu Gounder and that she also gave birth to two daughters in her marriage. Though defendants 4 and 6 filed a separate written statement, they also opposed the suit on the same grounds as the other defendants did. The truth and validity of the Will was also questioned by the defendants.

Conclusion- Trial Court and the first appellate Court concluded that the Will was true and valid and that there were no suspicious circumstances. Held that the absolute owner of a property is entitled even to bequeath his properties in favour of strangers.

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

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